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Allahabad High Court

ANOOP SRIVASTAVAversusTHE STATE OF U.P AND ANR.

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

Holding

The application is dismissed for want of prosecution.

Summary

Anoop Srivastava filed an application under Section 482 of the Criminal Procedure Code (and Section 528 of the B.N.S.S., 2023) seeking the High Court's intervention in the criminal proceedings. No counsel appeared on behalf of the applicant to press the application, while the learned Additional Government Advocate was present. The Court dismissed the application for want of prosecution, finding that the applicant had not pursued the matter. Consequently, any interim order previously granted was vacated. The Court directed that the order be communicated to the trial court immediately. The matter was then consigned to the records.

Issues considered

  • Whether the application under Section 482 Cr.P.C. is maintainable in the absence of prosecution by the applicant.
  • Whether the interim order, if any, should continue or be vacated.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Application Dismissed
  • Want of Prosecution
  • Interim Order Vacated

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             LUCKNOW

                                                     APPLICATION U/S 482 No. - 7173 of 2013

                                     Anoop Srivastava
                                                                                                      .....Applicant(s)
                                                                        Versus
                                     The State Of U.P And Anr.
                                                                                                         .....Opposite
                                                                                                               Party(s)

                                     Counsel for Applicant(s)      : Satish Chandra Kashish, Ashish Kumar
                                                                     Singh, D.P Singh
                                     Counsel for Opposite Party(s) : Govt. Advocate, Ram Prakash Singh

                                    Court No. - 14
                                                     HON'BLE SHREE PRAKASH SINGH, J.

                                    1. Case called out.

                                    2. None is present for the applicant to press this application.

                                    3. Learned A.G.A. for the State is present.

                                    4. The application under section 482 Cr.P.C./528 of the B.N.S.S., 2023 is
                                    dismissed for want of prosecution.

                                    5. Interim order, if any, stands vacated.

                                    6. Office is directed to communicate this order to the trial court concerned,
                                    forthwith.

                                    7. Consigned to the records.

                                    August 29, 2025
                                    Mayank
                                                                                         (Shree Prakash Singh,J.)




Digitally signed by :-
MAYANK PRATAP SINGH
High Court of Judicature at Allahabad,
Lucknow Bench


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